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Amending Regulation D’S Accredited-Investor Definition To Allow Natural Persons To Opt Out Of Unwanted Regulatory Protections, John Orcutt Apr 2025

Amending Regulation D’S Accredited-Investor Definition To Allow Natural Persons To Opt Out Of Unwanted Regulatory Protections, John Orcutt

Law Faculty Scholarship

Everyone can invest in the heavily regulated registered (or public) securities market, but the more lightly regulated unregistered securities markets are more restricted. The most important unregistered securities market for capital-raising purposes is Rule 506 of Regulation D, which has grown to become the United States’ largest capital-raising market. Far more capital is raised each year in Rule 506 offerings than registered offerings, and the Rule 506 market is where many of the country’s highest-growth (and highest-return) entrepreneurial companies sell their securities. But most Americans are excluded from investing in the Rule 506 market because it is fundamentally restricted to …


Creating Meaningful Proportionality Review: Expanding The Universe Of Cases For Nebraska’S Capital Punishment Scheme, Kyle Jedlicka Apr 2025

Creating Meaningful Proportionality Review: Expanding The Universe Of Cases For Nebraska’S Capital Punishment Scheme, Kyle Jedlicka

Nebraska Law Bulletin (Selected Issues)

Analyzes the Nebraska Supreme Court’s proportionality review to show why Nebraska should expand its universe of “same or similar” cases to include all first-degree murder convictions. Discusses the federal case law relating to the death penalty and how Nebraska statutes responded. Considers how various states reacted to the Court’s decision in Pulley v. Harris. Offers a new perspective on Nebraska’s proportionality review for death sentences to show why a more expansive universe of cases will allow Nebraska to achieve true proportionality in its death penalty scheme.


Vol. 68, No. 12 (April 7, 2025) Apr 2025

Vol. 68, No. 12 (April 7, 2025)

Indiana Law Annotated

No abstract provided.


Laboratory Corporation Of America Holdings V. Davis: Brief Of Civil Procedure And Complex Litigation Law Professors As Amici Curiae In Support Of Respondents, Maureen Carroll Apr 2025

Laboratory Corporation Of America Holdings V. Davis: Brief Of Civil Procedure And Complex Litigation Law Professors As Amici Curiae In Support Of Respondents, Maureen Carroll

Appellate Briefs

Amici are law professors with expertise in the Federal Rules of Civil Procedure, including the requirements for class certification under Rule 23(b)(3). Together, we share an interest in ensuring that the Federal Rules of Civil Procedure are construed “to secure the just, speedy and inexpensive determination of every action and proceeding.” Fed. R. Civ. P. 1.


Oklahoma Statewide Charter School Board V. Drummond, Et Al.: Brief Of Amici Curiae Constitutional And Education Law Scholars In Support Of Respondent, Elise Davis Boddie Apr 2025

Oklahoma Statewide Charter School Board V. Drummond, Et Al.: Brief Of Amici Curiae Constitutional And Education Law Scholars In Support Of Respondent, Elise Davis Boddie

Appellate Briefs

As Amici Curiae, the Constitutional and Education Law Scholars listed in the Appendix submit this brief in support of Respondent. Amici are immersed in the study of constitutional and education law through their scholarship and teaching and believe in upholding core constitutional rights in the provision of public education. Amici are acutely aware of the role public education has historically played in preserving and making possible our democratic system of government. Amici seek to assist this Court by explaining how state laws have created charter schools as a means of discharging states’ core constitutional obligations to provide public education …


Front Matter And Table Of Contents Apr 2025

Front Matter And Table Of Contents

University of Miami International and Comparative Law Review

No abstract provided.


Free Speech, Assembly, And Labor Rights In Singapore And The United States, Tyler Smith Apr 2025

Free Speech, Assembly, And Labor Rights In Singapore And The United States, Tyler Smith

University of Miami International and Comparative Law Review

No abstract provided.


Masthead Apr 2025

Masthead

University of Miami International and Comparative Law Review

No abstract provided.


Strategic Insights From Antarctic Mpas: Navigating The Future Framework For High Seas Mpas Under The Bbnj Agreement, Alyssa Huffman Apr 2025

Strategic Insights From Antarctic Mpas: Navigating The Future Framework For High Seas Mpas Under The Bbnj Agreement, Alyssa Huffman

University of Miami International and Comparative Law Review

Current area-based management systems regulate only about 1.18% of the high seas, leaving highly migratory fish species at risk of overexploitation. As a result, new legal mechanisms are essential for protecting and managing high seas fisheries. In recent decades, stakeholders have debated how to balance competing interests while ensuring equitable and sustainable access to areas beyond national jurisdiction. One proposed solution is the establishment of Marine Protected Areas (MPAs). However, creating and managing high seas MPAs is a complex process. The Parties to the Convention on the Conservation of Antarctic Marine Living Resources have undertaken this effort, establishing two MPAs …


Watchdog Or “Paper Tiger”? Safesport Reform Is Needed To Protect Athletes From Abuse, Katie Braile Apr 2025

Watchdog Or “Paper Tiger”? Safesport Reform Is Needed To Protect Athletes From Abuse, Katie Braile

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


Cyber And Tech-Based Partner Stalking In Jefferson County, Norah Wulkopf Apr 2025

Cyber And Tech-Based Partner Stalking In Jefferson County, Norah Wulkopf

Undergraduate Theses

Since stalking laws were enacted in the 1990s, they have been historically difficult to enforce. As less and less of our lives become private due to our ever-present devices, stalkers frankly have more access to their targets than ever before. The tenuous nature of stalking laws and the growing resources for stalkers place targets of stalking in a very precarious situation: the legal system has never been adequately equipped to handle stalking cases, and local justice systems do not have the resources to handle tech-based crimes. Through interviews with actors in the criminal justice system, this presentation considers how these …


Navigating Circuit Splits: Analyzing Career Offender Enhancements In The Federal Sentencing Guidelines Through Canons Of Construction, Riley M. Goff Apr 2025

Navigating Circuit Splits: Analyzing Career Offender Enhancements In The Federal Sentencing Guidelines Through Canons Of Construction, Riley M. Goff

Undergraduate Theses

This paper analyzes the Career Offender Enhancement within the Federal Sentencing Guidelines. This enhancement can provide unequal sentences for similarly situated defendants in different federal circuits. This paper seeks to investigate the current circuit split and utilize the canons of construction to provide a better understanding of how this split could be resolved and the philosophical reasoning. To answer this question, I conducted a case study on four different cases within four different circuits to understand the courts' reasoning behind their application or lack of application of the Career Offender Enhancement. The results show two main issues surrounding the enhancement: …


What About The Buyers? Deriving Factors Of Demand In The U.S. Black Market, Eric S. Schneider Apr 2025

What About The Buyers? Deriving Factors Of Demand In The U.S. Black Market, Eric S. Schneider

Undergraduate Theses

The vast majority of econometric research regarding black markets focuses on the supply. Relatively little information is definitively shown in academic literature regarding the drivers of demand for black markets. This project seeks to identify factors of demand for black market goods and services. First, this paper gives a brief definition of the broad definition of black markets, before specifically defining the scope of individual markets which will be included in this project. Next, there is a brief review of recent literature on the U.S. black market in order to determine prime candidates for factors of demand. Then, a robust …


Standardizing Space Technologies As Admissible Evidence: Legal And Ethical Frameworks For U.S. Courts And The International Criminal Court, Tuana Yazici Apr 2025

Standardizing Space Technologies As Admissible Evidence: Legal And Ethical Frameworks For U.S. Courts And The International Criminal Court, Tuana Yazici

University of Miami International and Comparative Law Review

This paper explores the increasing role of satellite and other space technologies — such as optical satellite imagery, radar, and artificial intelligence (AI) — in legal proceedings both in the U.S. and internationally. It examines relevant Supreme Court and appellate cases, as well as key international rulings, to assess how courts are addressing the legal challenges posed by surveillance technologies. These cases reveal the tension between advancing technology and existing privacy protections, highlighting the need for updated legal frameworks. The analysis also covers federal laws, including the Electronic Communications Privacy Act, alongside proposed legislation like the American Privacy Rights Act …


Exploring Statehood Through The Lens Of Palestine And Puerto Rico, Gabriela G. Ibáñez Apr 2025

Exploring Statehood Through The Lens Of Palestine And Puerto Rico, Gabriela G. Ibáñez

University of Miami International and Comparative Law Review

No abstract provided.


Silent Shores: The Asean Human Rights Response To Refugee Protections, Lakshmi Sanmuganathan Apr 2025

Silent Shores: The Asean Human Rights Response To Refugee Protections, Lakshmi Sanmuganathan

University of Miami International and Comparative Law Review

Established on August 8, 1967, the Association of Southeast Asian Nations (“ASEAN”) emerged as the first intergovernmental organization dedicated to promoting peace, security, and regional unity in Southeast Asia. In 2009, ASEAN affirmed its commitment to human rights by founding the ASEAN Intergovernmental Commission on Human Rights (“AICHR”), the first regional human rights system in Asia. This note offers a critical evaluation of the ASEAN human rights system and its response to refugee rights, recognition, and protections in Southeast Asia. It begins by assessing the historical foundation that has shaped ASEAN’s contemporary constraints. Building on this historical analysis, the focus …


04.07.2025 Ored Connect, Liz Williamson Apr 2025

04.07.2025 Ored Connect, Liz Williamson

ORED Newsletter

New ORED Website Goes Live

Oxford Pitch Competition

Hughes Miller, Strategic Partnerships


"Outside The Bounds": Counterman V. Colorado's Effect On Amateur Athletics, Mallory Brown Apr 2025

"Outside The Bounds": Counterman V. Colorado's Effect On Amateur Athletics, Mallory Brown

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


Participation Rights Of Homeschooled Students In Public School Athletics: Is Denying Homeschooled Students Access To Public School Extracurriculars Legal Or Wise?, Vincent Catroppa Apr 2025

Participation Rights Of Homeschooled Students In Public School Athletics: Is Denying Homeschooled Students Access To Public School Extracurriculars Legal Or Wise?, Vincent Catroppa

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


The Doctor Is (Not) In: Implications Of Increased Medical Malpractice Litigation On Team Physicians In The National Football League, Kaitlyn Furst Apr 2025

The Doctor Is (Not) In: Implications Of Increased Medical Malpractice Litigation On Team Physicians In The National Football League, Kaitlyn Furst

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


Bargaining Across Borders: The Prevalence Of Collective Bargaining Agreements In American Sports And The Potential Implementation Of The American Model Into The English Premier League, Bryce Goodwyn Apr 2025

Bargaining Across Borders: The Prevalence Of Collective Bargaining Agreements In American Sports And The Potential Implementation Of The American Model Into The English Premier League, Bryce Goodwyn

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


Ndls Communicator: Week Of 04.07.25, Notre Dame Law School Apr 2025

Ndls Communicator: Week Of 04.07.25, Notre Dame Law School

NDLS Communicator

The Latest News

  • Law school groups help launch website to shine light on religious discrimination across the United States
  • Notre Dame Law School students compete in International Moot Court on Law and Religion in Rome
  • ND Law Global Human Rights Clinic research collaboration with International Justice Mission on forced labor and human trafficking in the Philippines
  • ND Law's Black Law Students Association leads workshop and shadow day for ND TRIO program

Faculty Briefs

  • Jared DeFelice and Robert Stone Curl, students in the Notre Dame Law School Eviction Clinic, traveled to Indianapolis with David Pruitt (Clinical Director) to testify in support …


Old Habits Die Hard: How The Maine Indian Claims Settlement Act Perpetuates Settler Colonialism And Denies Indigenous Sovereignty, Brandon Dodds Apr 2025

Old Habits Die Hard: How The Maine Indian Claims Settlement Act Perpetuates Settler Colonialism And Denies Indigenous Sovereignty, Brandon Dodds

Emory Law Journal Online

Around the time it was passed, the Maine Indian Claims Settlement Act of 1980 was considered by many to be a great victory for the Wabanaki Nations in Maine. But in the decades since, the Act has substantially hindered the Wabanaki Nations’ self-determination efforts. Frequent litigation between the Nations and the state of Maine, narrow interpretation by courts, and the state of Maine’s opposition to remedying the Act’s most harmful provisions have constrained the sovereignty of the Wabanaki Nations. As a result, the Wabanaki Nations have been largely excluded from the significant social, economic, and political gains that tribes throughout …


Mmu: 04/07/25–04/13/25, Student Bar Association Apr 2025

Mmu: 04/07/25–04/13/25, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements


Just Like Us: Mdl Is Eating Weedkiller, Andrew H. Paul Apr 2025

Just Like Us: Mdl Is Eating Weedkiller, Andrew H. Paul

Georgia State University Law Review

The ingestion of an herbicide called glyphosate is currently unavoidable in America. It is the main ingredient of a consumer product called Roundup. People who regularly used Roundup have brought civil lawsuits against its manufacturer, Monsanto (now owned by Bayer), claiming Roundup caused their cancer diagnoses. Juries, particularly those in state courts, have awarded some plaintiffs massive damages awards. But jury trials elude most of the glyphosate plaintiffs who find themselves in federal court. There, the same can be said for nearly all products liability litigants. This is due to the procedure that has slowly come to dominate mass torts …


Okefen-Not-Okay: Georgia’S Wetlands Are In Danger, Constance Burton Apr 2025

Okefen-Not-Okay: Georgia’S Wetlands Are In Danger, Constance Burton

Georgia State University Law Review

Wetlands are considered the kidneys of the earth’s ecosystem. Their complex hydrologic systems work to clean pollutants from surface and ground water—water that often ends up as drinking water. Since the 1940s, Congress has recognized the importance of clean water in our everyday lives, and it has passed several water protection laws including the Clean Water Act. The Clean Water Act requires a permit for any activity that discharges dredge or fill material into “waters of the United States.” However, environmentalists and private landowners were at odds on how broad the Environmental Protection Agency and Army Corps of Engineers could …


Tax Evasion And Judicial Oversight: Examining The Circuit Split On Conservation Easements, Harry A. Mullen Iv Apr 2025

Tax Evasion And Judicial Oversight: Examining The Circuit Split On Conservation Easements, Harry A. Mullen Iv

Georgia State University Law Review

Conservation easements have long been an attractive tool for those seeking to minimize their tax bill. After all, it is a low-cost method of getting a sizeable tax deduction. But what should be an incentive for the environmental or historical preservation of land is instead a frequent avenue for tax abuse and avoidance. Regulations are one way the Internal Revenue Service (IRS) works to make the deduction harder to abuse. The subject of this Note provides one example: the “Proceeds Regulation,” which provides certain protections for the recipient of the conservation easement.

However, after a challenge from a taxpayer in …


Vindicating Retirees, Lauren K. Valastro Apr 2025

Vindicating Retirees, Lauren K. Valastro

Georgia State University Law Review

Through ERISA, Congress prioritized the competent management of retirement plans held in trust for Americans, codifying strict fiduciary obligations and providing broad relief to those injured by fiduciaries failing to execute those duties. Specifically, ERISA provides retirement plan participants and beneficiaries, along with plans themselves and the Secretary of Labor, an inherent, substantive right to seek plan-wide monetary and equitable redress for injuries resulting from fiduciary mismanagement. Today, retirement plans hold more than $10 trillion and constitute a substantial portion of the funds Americans will subsist on in retirement. Despite their vital import, particularly for women and members of minority …


Member Masthead Apr 2025

Member Masthead

Georgia State University Law Review

No abstract provided.


Who Defines The Refugee?: Analyzing The Limitations And Relevance Of The 1951 Un Convention On Global Refugee Protection, Sarah Locke '25 Apr 2025

Who Defines The Refugee?: Analyzing The Limitations And Relevance Of The 1951 Un Convention On Global Refugee Protection, Sarah Locke '25

Honor Scholar Theses

This thesis consists of three chapters and a mini-fourth. In Chapter One, I examine the historical context of the 1951 Convention and its lasting implications. I discuss the early history of the international refugee law regime and the power dynamics that shaped the UN Convention’s drafting. Using a postcolonial lens, I evaluate how the historical context of the Convention continues to perpetuate inequalities and exclusions today, especially through the myth of difference. In Chapter Two, I address the limitations of the 1951 Convention through a comparative analysis with two regional conventions. By analyzing the definition of refugee in each convention, …